Which of the following is explicitly listed as a magistrate in the code?

• A. a mayor or recorder of a municipality or a judge of a municipal court
• B. a chief of police
• C. a county clerk
• D. a district judge

Answer: (A)

In Texas law, who counts as a magistrate is defined by the statute itself. The code explicitly names certain offices as magistrates, including mayors or recorders of a municipality and judges of municipal courts. That explicit listing is why this option is correct: it directly identifies an office that the law recognizes as a magistrate. The other roles—the chief of police, the county clerk, and a district judge—are not expressly listed as magistrates in the statute, even though they may have other duties in the criminal justice system. Mayors and municipal judges serve as magistrates for tasks like issuing warrants or handling certain preliminary matters within their jurisdiction when authorized.